54597
Proposed Rules
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
GOVERNMENT ACCOUNTABILITY
OFFICE
4 CFR Part 81
Public Availability of Government
Accountability Office Records
AGENCY: Government Accountability
Office.
Proposed rule; request for
ACTION:
comments.
SUMMARY: These proposed revisions
would clarify and broaden the existing
exemption regarding the disclosure of
congressional correspondence and
create a new exemption to allow for the
withholding of records of interviews
created by GAO in connection with its
work. Specifically, the proposed
revision to the congressional
correspondence exemption would
enable GAO to release or withhold
congressional correspondence without
prior congressional authorization. The
proposed new exemption would
enhance the open, frank, and honest
exchange of information from other
agencies, nonfederal organizations, and
individuals to GAO during the course of
a GAO audit, evaluation, or
investigation.
DATES: Comments must be received on
or before November 2, 2006.
ADDRESSES: Comments on these
proposed revisions may be mailed or
hand-delivered to: Government
Accountability Office, Office of the
General Counsel, Attn: Legal Services,
Room 7838, 441 G Street, NW.,
Washington, DC 20548. Comments may
also be e-mailed to bielecj@gao.gov or
faxed to 202–512–8501.
FOR FURTHER INFORMATION CONTACT: John
A. Bielec, Deputy Assistant General
Counsel; telephone 202–512–2846; e-
mail bielecj@gao.gov.
jlentini on PROD1PC65 with PROPOSAL
SUPPLEMENTARY INFORMATION:
Comments Invited
GAO is not subject to the
Administrative Procedures Act and
accordingly is not required by law to
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Federal Register
seek comments before issuing a final
rule. However, GAO has decided to
invite interested persons to participate
in this rulemaking by submitting written
comments regarding the proposed
revisions. Application of the
Administrative Procedures Act to GAO
is not to be inferred from this invitation
for comments.
GAO will consider all comments
received on or before the closing date
for comments. GAO may change the
proposed revisions based on the
comments received.
Background
While GAO is not subject to the
Freedom of Information Act (5 U.S.C.
552), GAO’s disclosure policy follows
the spirit of the act consistent with its
duties, functions, and responsibilities to
the Congress. 4 CFR 81.1. Application of
the Freedom of Information Act to GAO
is not to be inferred from the provisions
of these regulations. Id.
Under § 81.6(a), GAO is not required
to obtain congressional authorization
before releasing or withholding
congressional contact memoranda. The
proposed revision to § 81.6(a) would
clarify that GAO is also not required to
obtain congressional authorization prior
to the release or withholding of
congressional correspondence from its
records. This proposed revision would
thereby ensure consistency in the
handling of records that contain
information regarding the
communications between GAO and
congressional members.
GAO also is proposing an amendment
to § 81.6 that would enable it to protect
from disclosure records of interviews
created in connection with its audits,
evaluations or investigations. In order to
carry out its audit, evaluation and
investigation functions, GAO frequently
needs to interview employees of other
agencies and nonfederal organizations.
The success of GAO’s work requires that
employees of these agencies and
organizations provide open, frank, and
honest opinions during these
interviews. Since the terrorist attack on
September 11, 2001, employees from
certain agencies and organizations have
expressed concern and reluctance to
share sensitive information with GAO
without some assurance that the
information will not be disclosed to the
public. Of particular concern is that
through the audit process and agency-
provided access to their employees and
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officials, a record is being created that
would not necessarily otherwise exist
that may be unprotected from public
disclosure. To enhance the cooperation
from other agencies and nonfederal
organizations with GAO during the
interview process, GAO proposes to add
a new exemption to § 81.6. The
exemption will provide GAO with the
discretion to withhold records of
interviews created in connection with
its audits, evaluations, and
investigations of programs, activities,
and funding of government agencies.
List of Subjects in 4 CFR Part 81
Administrative practice and
procedure, Archives and records,
Freedom of information.
For the reasons set forth in the
preamble, GAO proposes to amend 4
CFR part 81 as follows:
PART 81—PUBLIC AVAILABILITY OF
GOVERNMENT ACCOUNTABILITY
OFFICE RECORDS
1. The authority citation for part 81
continues to read as follows:
Authority: 31 U.S.C. 711.
2. In § 81.6, revise paragraph (a) and
add a new paragraph (n) to read as
follows:
§ 81.6 Records which may be exempt from
disclosure.
* * * * *
(a) Records relating to work
performed in response to a
congressional request (unless authorized
by the congressional requester),
congressional correspondence, and
congressional contact memoranda.
* * * * *
(n) Records of interviews created by
GAO in connection with an audit,
evaluation, or investigation of a
program, activity, or funding of a
government agency.
Dated: September 11, 2006.
Gary L. Kepplinger,
General Counsel, Government Accountability
Office.
[FR Doc. E6–15474 Filed 9–15–06; 8:45 am]
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